Massachusetts

Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

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The Massachusetts General Law (section 22) contains all smoking laws within the state, although there are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use though, so check with local government. It is assumed that ‘No Smoking’ signs do not apply to vaping.

While the minimum smoking age throughout Massachusetts is 18, over 100 cities including Boston have raised this to 21. It is assumed this also applies to the purchase of e-cigarette products.

There are a large number of e-cigarette stores to be found throughout Massachusetts, mainly in and around the Boston area, Worcester, Springfield, and Brockton, with a smaller number also to be found throughout most other areas of the state.

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All Laws & Regulations

Electronic smoking device means “any product that can deliver nicotine to the user through inhalation of vapor [including] any component part of such product, including liquid for use in the device regardless of whether the liquid contains nicotine, [and] whether or not sold separately . . . .” 940 Mass. Code Regs. 21.03 (2017)

Electronic smoking devices may not be opened, repackaged or sold in smaller quantities than the smallest package distributed by the manufacturer for individual consumer use: 940 Mass. Code Regs. 21.04(1)(b) (2017)